The Department of Labor recently considered the question of whether the employees of a health district in a particular county in Ohio must be aggregated for purposes of determining eligibility under the FMLA for the health district employees, and determined that the health district was a separate...
By: Michael J. Rose, Robin B. Kallor, Melinda A. Powell, Cindy M. Cieslak and Rauchell A. Beckford-Anderson During this year's legislative sessions, the Connecticut General Assembly passed multiple laws impacting employers, some of which are specific to public employers and many of which becom...
On August 8, 2019, the United States Department of Labor issued an opinion letter (FMLA 2019-2-A) concluding that where a child has a serious health condition as defined by the Family and Medical Leave Act (FMLA), which also qualifies the child to an Individualized Education Plan (IEP) pursuant t...
Rose Kallor, LLP is pleased to announce that Firm partners, Michael Rose and Robin Kallor, have been named to the 2020 Edition of The Best Lawyers in America©, a publication that has become universally regarded as a definitive guide to legal excellence. Michael Rose has been recognized by Best La...
On May 28, 2019, the U.S. Supreme Court held in Nieves, et al. v. Bartlett, that generally, a claim for retaliatory arrest based upon protected speech fails unless the individual who was arrested can demonstrate that there was no probable cause to arrest him or her. However, the majority opinion ...
Rose Kallor is pleased to announce that two of its attorneys will assume leadership roles in various sections of the Connecticut Bar Association during the upcoming Bar Year. Cindy M. Cieslak has been elected to serve as Chair-Elect of the Connecticut Bar Association Young Lawyers Section for the...
Last week, the Connecticut General Assembly passed the most generous paid family and medical leave in the United States. This bill creates the Family and Medical Leave Insurance (FMLI) program to provide wage replacement benefits to certain employees taking leave for reasons allowed under the sta...
On May 17, 2019, the Connecticut Senate voted in favor of House Bill No. 5004, as amended by House Amendment Schedule A, An Act Increasing the Minimum Fair Wage (“the Act”). The Act was favorably voted out of the Connecticut House of Representatives on May 9, 2019. It is anticipated that Governor...
Recently, Connecticut Fair Employment Practices Act was amended to clarify and add additional protections to workers who are pregnant, undergo childbirth or due to pregnancy related conditions (i.e. lactation or other conditions resulting from pregnancy or childbirth). The CFEPA, which covers thr...
On April 24, 2019, the U.S. Supreme Court held in Lamps Plus, Inc. v. Varela, a 5-4 decision, that because arbitration is a matter of consent, where an arbitration agreement's provisions regarding class claims were ambiguous and not express, the arbitration agreement did not allow for class proce...
In Barbabosa v. Bd. of Educ. of Manchester, AC 41304 (Apr. 23, 2019), the Connecticut Appellate Court affirmed the Superior Court's decision to award summary judgment to the Manchester Board of Education in a disability discrimination and failure to accommodate case. The Appellate Court upheld th...
On March 11, 2019, the Second Circuit Court of Appeals vacated and remanded in part a district court decision dismissing plaintiff's amended complaint for failure to state a claim. The Court concluded that the district court erred in its determinations as a matter of law regarding the plaintiff's...
The Connecticut Legislature appears likely to pass a paid Family and Medical Leave bill. Senate Bill No. 1 and House Bill 5003 have passed the Committee on Labor and Public Employees and have been referred to the Office of Legislative Research and Office of Fiscal Analysis. The bill, if passed,...
Rose Kallor, LLP is pleased to announce that Partner Cindy Cieslak has just been awarded a Professional Excellence Award “New Leader in the Law” by Connecticut Law Tribune. Winners of the 2019 Connecticut Legal Awards have been determined through a panel review of submissions sent in from attorn...
On March 14, 2019, Attorney Cindy Cieslak will participate in a panel discussion, along with Commission on Human Rights and Opportunities Deputy Director Cheryl Sharp, regarding “Diversity in the Workplace: Is Meeting the Legal Requirements Enough?” The panelists expect to cover important topics,...
On February 19, 2019, the U.S. Supreme Court denied Kathrine McKee's petition for a writ of certiorari in McKee v. Cosby. In connection with that denial, Justice Clarence Thomas urged the U.S. Supreme Court to reconsider the Court's decision in New York Times Co. v. Sullivan, 376 U.S. 254 (1964)...
On February 22, 2019, the Equal Employment Opportunity Commission (EEOC) published proposed rule changes that would, inter alia, clarify the process for deferral to state and local agencies and update “no cause” determination procedures. Proposed Updates Regarding Deferrals to State and Local Ag...
Effective January 1, 2019, Connecticut law provides job applicants the following new protections: (1) employers may not ask prospective employees about past wages and compensation histories at any point during the hiring process, although prospective employees may choose to volunteer such informa...
In 2016, Massachusetts residents voted in favor of a ballot initiative to legalize the recreational use of marijuana. This initiative will be effectuated on November 20, 2018 (today), when retail shops begin to sell marijuana in Massachusetts. These are the first legal retail stores for recreatio...
On November 6, 2018, in a unanimous 8-0 decision, the United States Supreme Court affirmed the judgment of the Ninth Circuit Court of Appeals in Mount Lemmon Fire District v. Guido, that the term “employer” under the Age Discrimination in Employment Act (ADEA) as an entity that employs more 20 or...
Rose Kallor, LLP is pleased to announce that it has received Tier 1, Tier 2 and Tier 3 Rankings in the 2019 Edition of U.S. News – Best Lawyers list of “Best Law Firms.” Firms included in the 2019 Edition of “Best Law Firms” are recognized for professional excellence with consistently impressive ...
The Young Lawyers Section of the Connecticut Bar Association is hosting a Horn of Plenty Food Drive to benefit those struggling with hunger. All donations will benefit the local food banks in the Foodshare and Connecticut Food Bank networks. Rose Kallor, LLP is serving as a drop off location for ...
Rose Kallor, LLP is pleased to announce that Michael J. Rose and Robin B. Kallor have been selected to the 2018 Connecticut Super Lawyers list, and Cindy M. Cieslak has been selected to the 2018 Connecticut Rising Stars list. Mr. Rose was selected to the Connecticut Super Lawyers list in the Empl...
On February 28, 2018, the Connecticut Superior Court entered judgment for the employer on plaintiff's claims of termination in violation of public policy and breach of the implied covenant of good faith and fair dealing in Richard v. Para-Pharm. Then, on July 13, 2018, the Connecticut Superior C...
On July 24, 2018, the Connecticut Supreme Court affirmed a superior court decision concluding that the City of Milford's zoning enforcement officer lack authority to regulate certain signs on a homeowner's property under Conn. Gen. Stat. § 8-2 in Kutcha v. Arisian, 329 Conn. 530 (2018), docket no...